Tenn. Father Wins Custody Modification Proving Change of Circumstances
Tennessee law case summary on custody modification in Tennessee divorce and family law.
CRANSTON vs. COMBS – Supreme Court of Tennessee – Custody Modification
Edward Scott Combs, father of two children, successfully sought a change of custody, alleging persistent violations of his visitation rights in two, separate proceedings, over a course of more than seven years. The mother, Melissa Combs Cranston, was the primary residential parent of the Children from the time of the Parties’ divorce in 1995.
Under the terms of the original custody order, the Father could have reasonable visitation upon 24-hours notice. A 1997 modification through a court order set out a visitation plan, specifying days, hours, holidays, school recess, summer recess, and a location to exchange the Children.
Two years later in 1999, the Father filed his second petition for change of residence, alleging numerous violations of the visitation order. The Father’s testimony gave specific examples of custodial interference by the Mother, some of which she admitted.
The trial court ruled in favor of the Father, only to be reversed by the Court of Appeals in an opinion that characterized the Parents’ dynamic as “bickering.” But the analysis of the Supreme Court of Tennessee was clearly written in favor of the Father, and he won the change of custody request.
Some of the specific examples provided by the Father included leaving messages for the Children on an answering machine at the Mother’s house, which she did not give to them. He explained that the Mother would sometimes hang up on him, that she listened in on some conversations he had with the Children, and that other times she wouldn’t call the Children to the phone to speak with him.
In the language of the trial court, as repeated by the Supreme Court, “He’s the father. And it’s that failure to recognize his equal rights as father to have a relationship with these children. That’s the problem.”
The Supreme Court used the Cranston case to reiterate and discuss its 2002 decision in Kendrick vs. Shoemake (which can be found at 90 S.W.3d 566, 2002), a pivotal case on custody modification. Essentially, the Supreme Court has set the modification of custody standard to require “a material change in circumstances, which makes a change in custody in the child’s best interests.”
First, the court must determine whether there has been a “material change in circumstances,” which is done through a 3-part test of (1) whether the change occurred after the entry of the order sought to be modified; (2) whether a change was not known or reasonably anticipated when the order was entered; and, (3) whether a change is one that affects the child’s well-being in a meaningful way.
Second, the court must consider a statutory list of ten factors on whether the modification would be in the child’s “best interests.” The list of factors includes things like the degree to which a parent has been the primary caregiver, the importance of continuity in the child’s life, the stability of the family unit, and the disposition of the parent to provide necessary care for the child. Most importantly to the Cranston case, the Father argued factor ten, a parent’s past and potential future willingness and ability to facilitate and encourage a close and continuing parent-child relationship between the child and the visiting parent.
In his trial presentation, the Father and his current wife testified positively about the stable home, school, and church environments that they could provide to the Children. Both also testified as to their respect for the Mother’s position in the Children’s lives. These positive and detailed statements were set forth in an ideal description within the Supreme Court decision, providing a contrast to the negative dynamic in which the Mother placed the Children.
No. M2000-02101-SC-R11-CV (Tenn. 2003).
See original opinion for exact language. Legal citations omitted.
For more information, see How to Change Custody in Tennessee and How to Change Visitation in Tennessee.
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